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App Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SKYJET APP

Agreement to Terms of Use

These Terms of Use (the “Terms of Use”) apply to the Skyjet mobile application for iOS (the “App”). The App is the property of Sentient Jet Charter, LLC, dba Skyjet (“Skyjet”) and, as applicable, its licensors. BY DOWNLOADING, INSTALLING OR USING THE APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD IMMEDIATELY STOP USING THE APP AND UNINSTALL IT FROM YOUR MOBILE DEVICE.

Skyjet may change, modify, add or remove portions of these Terms of Use at any time without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following any such changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Skyjet grants you a personal, non-exclusive, non-transferable, limited privilege to download, install and use the App, but you agree that Skyjet may, in its sole discretion and without prior notice, terminate your access to the App at any time and for any reason.

Incorporation of Related Terms and Privacy Policy

These Terms of Use incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement included within those Terms and Conditions (the “Apple Terms”). To the extent these Terms of Use conflict with the Apple Terms, these Terms of Use will prevail.

These Terms of Use also incorporate and supplement Skyjet’s Privacy Policy posted at https://www.skyjet.com/privacy (the “Privacy Policy”). All of your interactions with the App are subject to the Privacy Policy. In addition to the information described in the Privacy Policy, the App may collect certain information automatically, including without limitation the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. The App may also use GPS technology (or other similar technology) to determine your current location in order to provide you with a list of nearby departure airports. Skyjet will not share your current location with other users or partners. If you do not want Skyjet to use your location for these purposes, you should turn off the location services for the App located in your account settings or in your mobile phone settings.

Notwithstanding anything in the Apple Terms, these Terms of Use or the Privacy Policy to the contrary, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure and that you understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. All transactions conducted using the App are subject to Skyjet’s standard Terms and Conditions and any applicable terms and conditions of third party vendors, which will be presented to you at the time of any such transaction.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork or other images, sounds, music, and computer code (collectively, “Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to Skyjet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without Skyjet’s express prior written consent.

Restrictions On Your Use of the App

You may not use any automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any Skyjet server, or to any of the services offered on or through the App, by hacking, password “mining” or any other surreptitious or illegitimate means.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the App, or any other customer of Skyjet, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Skyjet’s systems or networks, or any systems or networks connected to the App or to Skyjet.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Skyjet on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Accounts, Passwords and Security

Certain features or services offered through the App are only available to users with an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Skyjet immediately of any unauthorized use of your account or password, or any other breach of your account’s security. You may be held liable for losses incurred by Skyjet or any other user of the App due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Skyjet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Web Sites

The App may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under Skyjet’s control, and Skyjet is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

SKYJET DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. SKYJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKYJET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY SKYJET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED WEB SITES. YOUR SOLE REMEDY AGAINST SKYJET FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP AND DELETE IT FROM YOUR MOBILE DEVICE, AND THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SKYJET.

The above disclaimer applies to any losses caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the App, whether for breach of contract, tort, negligence or any other cause of action.

Skyjet reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Skyjet be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Skyjet has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Skyjet, its officers, members, managers, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against or incurred by Skyjet arising in connection with your use of the App.

Violation of These Terms of Use

You agree that Skyjet may, in its sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if Skyjet determines that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Skyjet for which monetary damages would be an inadequate remedy, and you consent to Skyjet obtaining any injunctive or equitable relief that Skyjet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Skyjet may have at law or in equity.

If Skyjet does take any legal action against you as a result of your violation of these Terms of Use, Skyjet will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Skyjet. You agree that Skyjet will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Skyjet and you arising out of or in connection with your use of the App, the parties must attempt, promptly and in good faith, to resolve any such dispute for a period of at least 30 days.

Geographic Limitations

Although the App is accessible worldwide, not all products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. Skyjet reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area. Any offer for any product or service made on the App is void where prohibited or unavailable. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and Skyjet with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and Skyjet with respect to such use are hereby superseded and cancelled. Skyjet will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Skyjet’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Skyjet of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Skyjet and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.